2011 - 2012 LEGISLATURE
ASSEMBLY AMENDMENT 3,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2011 ASSEMBLY BILL 421
December 13, 2011 - Offered by Representative Steineke.
AB421-ASA1-AA3,1,4
21. Page 2, line 21: after "applications;" insert "the applicability of county
3shoreland zoning ordinances in shoreland areas annexed by, or incorporated as,
4cities or villages;".
AB421-ASA1-AA3,1,128
59.692
(6m) For an amendment to an ordinance enacted under this section that
9affects an activity that meets all of the requirements under s. 281.165 (2), (3) (a), or
10(4) (a), the department may not proceed under sub. (6)
or (7) (b) or (c), or otherwise
11review the amendment, to determine whether the ordinance, as amended, fails to
12meet the shoreland zoning standards.
AB421-ASA1-AA3,2,63
59.692
(7m) (a) A shoreland area that, as a result of annexation, was subject
4to a county shoreland zoning ordinance under s. 59.692 (7) (a), 2009 stats., is not
5subject to that county shoreland zoning ordinance beginning on the effective date of
6this paragraph .... [LRB inserts date]
.
AB421-ASA1-AA3,2,107
(b) A shoreland area that, as a result of incorporation, was subject to a county
8shoreland zoning ordinance under s. 59.692 (7) (ad), 2009 stats., is not subject to that
9county shoreland zoning ordinance beginning on the effective date of this paragraph
10.... [LRB inserts date]
.
AB421-ASA1-AA3,3,819
66.0217
(8) (a) An ordinance for the annexation of the territory described in the
20annexation petition under sub. (3) may be enacted by a two-thirds vote of the elected
21members of the governing body not less than 20 days after the publication of the
22notice of intention to circulate the petition and not later than 120 days after the date
23of filing with the city or village clerk of the petition for annexation or of the
24referendum election if favorable to the annexation. If the annexation is subject to
25sub. (6) the governing body shall first review the reasons given by the department
1that the proposed annexation is against the public interest.
Subject to s. 59.692 (7),
2an An ordinance under this subsection may temporarily designate the classification
3of the annexed area for zoning purposes until the zoning ordinance is amended as
4prescribed in s. 62.23 (7) (d). Before introduction of an ordinance containing a
5temporary classification, the proposed classification shall be referred to and
6recommended by the plan commission. The authority to make a temporary
7classification is not effective when the county ordinance prevails during litigation as
8provided in s. 59.69 (7).
AB421-ASA1-AA3,3,1810
66.0219
(6) Temporary zoning of area proposed to be annexed. An interim
11zoning ordinance to become effective only upon approval of the annexation at the
12referendum election may be enacted by the governing body of the city or village.
13Subject to s. 59.692 (7), the The ordinance may temporarily designate the
14classification of the annexed area for zoning purposes until the zoning ordinance is
15amended as prescribed in s. 62.23 (7) (d). The proposed interim zoning ordinance
16shall be referred to and recommended by the plan commission prior to introduction.
17Authority to make a temporary classification is not effective when the county zoning
18ordinance prevails during litigation as provided in s. 59.69 (7).
AB421-ASA1-AA3,4,1120
66.0223
(1) In addition to other methods provided by law and subject to sub.
21(2) and ss.
59.692 (7), 66.0301 (6) (d)
, and 66.0307 (7), territory owned by and lying
22near but not necessarily contiguous to a village or city may be annexed to a village
23or city by ordinance enacted by the board of trustees of the village or the common
24council of the city, provided that in the case of noncontiguous territory the use of the
25territory by the city or village is not contrary to any town or county zoning regulation.
1The ordinance shall contain the exact description of the territory annexed and the
2names of the towns from which detached, and attaches the territory to the village or
3city upon the filing of 7 certified copies of the ordinance in the office of the secretary
4of state, together with 7 copies of a plat showing the boundaries of the territory
5attached. Two copies of the ordinance and plat shall be forwarded by the secretary
6of state to the department of transportation, one copy to the department of
7administration, one copy to the department of natural resources, one copy to the
8department of revenue and one copy to the department of public instruction. Within
910 days of filing the certified copies, a copy of the ordinance and plat shall be mailed
10or delivered to the clerk of the county in which the annexed territory is located.
11Sections 66.0203 (8) (c) and 66.0217 (11) apply to annexations under this section.".